Green v. Milbank
New York Supreme Court
Trial by the court. . John Green brought this action against Robert W. Milbank, Henry D. Brookman, Charles Lanier, and Sarah E. Lanier, his wife, The Mutual Life Insurance Company of New York, and William Fullerton, to have two certain judgments declared liens on real estate prior to a certain mortgage and conveyance.
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Trial by the court. . John Green brought this action against Robert W. Milbank, Henry D. Brookman, Charles Lanier, and Sarah E. Lanier, his wife, The Mutual Life Insurance Company of New York, and William Fullerton, to have two certain judgments declared liens on real estate prior to a certain mortgage and conveyance. The facts out of which the action arose are substantially as follows: On July 2, 1869, Robert W. Milbank and wife executed a mortgage for $10,000, to Timothy C. Churchill, on certain real estate in the city of New York, on Thirty-fifth street, between Lexington and Third…
1Opinion of the CourtVan Vorst, J.
The mortgage to Timothy G. Churchill is of a date and lien anterior to the Brook-man judgment.
*148As the moneys paid and advanced by the defendants, the Life Insurance Company and Lanier, in all the sum of $10,000, was so paid and advanced, to-take up that mortgage, upon the understanding and belief that there was no lien on the premises but that mortgage, it is just and equitable that these parties should be subrogated to the rights of' Churchill and his mortgage (Barnes v. Mott, 64 N. Y. 397).
The plaintiff is in no worse position by reason of the-cancellation of that mortgage, and has not…
2Cases cited12 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Barnes v. . MottNew York Court of Appeals · 1876
- Fisher v. . HepburnNew York Court of Appeals · 1871
- Guion v. KnappNew York Court of Chancery · 1836
- Hinckley v. . KreitzNew York Court of Appeals · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- Metropolitan El. Ry. Co. v. JohnstonNew York Supreme Court · 1895
- Empire State Savings Bank v. BeardNew York Supreme Court · 1894
- In re WolfNew York Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.